Hi everyone,
I’m seeking guidance for my brother-in-law whose work permit extension was refused recently, and we believe it may have been assessed under the wrong category.
Situation Summary
He applied for a work permit extension from within Canada
His application was assessed under International Mobility Program – Reciprocal Employment (R205(b), C20)
IRCC refused stating he does not meet reciprocal agreements with countries like Belgium, Brazil, etc.
However, this category does not seem applicable to his case
From the refusal letter:
“You have requested consideration under Reciprocal employment… you do not meet requirements under R205(b)”
Spouse Situation (Important)
His wife (my sister) is employed in Canada
Her employer is in the process of getting a LMIA under Global Talent Stream (GTS)
Expected soon
We are exploring whether:
He can restore status + apply as spouse of LMIA-based worker, OR
Wait for her work permit and then apply for spousal open work permit (SOWP)
Questions (Would really appreciate guidance)
Should he apply for restoration + new work permit immediately from inside Canada, or is it safer to leave Canada and apply from India?
If his wife gets an LMIA (GTS) and work permit, can he apply for SOWP during restoration period, or does he need valid status first?
Does applying under the wrong category (IMP C20) strengthen grounds for reapplication vs reconsideration request?
Has anyone successfully restored status after such refusal, and what pathway worked best (LMIA-based / spousal / flagpole / outside Canada)?
Any Help Appreciated
We’re trying to act quickly within the 90-day restoration window, and want to choose the safest legal path without risking future refusals.
Would really appreciate any insights, similar experiences, or recommended strategy
I’m seeking guidance for my brother-in-law whose work permit extension was refused recently, and we believe it may have been assessed under the wrong category.
Situation Summary
He applied for a work permit extension from within Canada
His application was assessed under International Mobility Program – Reciprocal Employment (R205(b), C20)
IRCC refused stating he does not meet reciprocal agreements with countries like Belgium, Brazil, etc.
However, this category does not seem applicable to his case
From the refusal letter:
“You have requested consideration under Reciprocal employment… you do not meet requirements under R205(b)”
Spouse Situation (Important)
His wife (my sister) is employed in Canada
Her employer is in the process of getting a LMIA under Global Talent Stream (GTS)
Expected soon
We are exploring whether:
He can restore status + apply as spouse of LMIA-based worker, OR
Wait for her work permit and then apply for spousal open work permit (SOWP)
Questions (Would really appreciate guidance)Should he apply for restoration + new work permit immediately from inside Canada, or is it safer to leave Canada and apply from India?
If his wife gets an LMIA (GTS) and work permit, can he apply for SOWP during restoration period, or does he need valid status first?
Does applying under the wrong category (IMP C20) strengthen grounds for reapplication vs reconsideration request?
Has anyone successfully restored status after such refusal, and what pathway worked best (LMIA-based / spousal / flagpole / outside Canada)?
Any Help Appreciated
We’re trying to act quickly within the 90-day restoration window, and want to choose the safest legal path without risking future refusals.
Would really appreciate any insights, similar experiences, or recommended strategy
